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Topic: recipe (Read 1047 times) |
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linda mccormack
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If one is preparing to license (for production) and distrbute a food product, is it necessary to patent the recipe? Is it even possible? Thanks.
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: recipe
« Reply #1 on: Jul 5th, 2004, 9:28pm » |
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No, it's not required. Patents are never required to make, use, or sell anything.
Yes, it's possible. I think someone else here posted information about a number of patented recipes.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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eric stasik
Full Member
director, patent08
Posts: 391
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Re: recipe
« Reply #2 on: Jul 6th, 2004, 6:24am » |
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Dear Ms. Mccormack,
Patents are only granted on inventions which are new and non-obvious. It is my understanding that it is, in practice, difficult to get a patent on a recipe if what differentiates your recipe from all the others is a little more butter, or a few extra moments under the grill.
Neither can recipes be copyrighted.
"A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes."
http://www.copyright.gov/help/faq/faq-protect.html
Recipes (like the secret formula for Coca-Cola) are most always best protected as trade secrets. It is also worth noting that trade secrets last forever and cost nothing.
Perhaps this is why good cooks never give away their secrets.
Regards,
Eric Stasik
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eric stasik
director
http://www.patent08.com
patent08
patent engineering,
business development,
and licensing services
postbox 24203
104 51 stockholm
sweden
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Hilary Joann Sweeney
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Hi, I have an invention that I need to get out there on the market.. I know nothing about how to start doing this.. I have a few ideas actually. I have just never taken the actually time to put alot of go on them. I need help to obtain info. Please email me back if you have any ideas
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Frozen_out
Newbie
Posts: 7
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Re: recipe
« Reply #4 on: Jul 27th, 2004, 5:37am » |
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Dear Linda,
There is no necessity to Patent at any time. Patenting is a choice. Its value depends on the breadth if the claims. Just getting a patent may be a waste of time money and energy.
A trademark may better protection since it can last forever. Particularly with a recipie. Look at Coca Cola.
I used to post a M Arthur Auslander with the email aus@auslander.com but that posting is frozen out for some reason in this system.
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